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(영문) 부산지방법원 2020.06.16 2019가단326581
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 88,423,626 and KRW 86,00,00 among them, a year from August 13, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 19, 2018, the Defendant leased (hereinafter “instant lease agreement”) real estate listed in the attached list from the Korea Land and Housing Corporation (hereinafter “instant real estate”) with the lease deposit of KRW 86 million, monthly rent of KRW 690,000,000, the lease term of KRW 690,000,000 from October 20, 2018 to November 30, 2020.

B. On October 19, 2018, the Defendant paid 24 months and 9.9% per annum to the Plaintiff on the 30th day of each month; however, if the payment of interest is delayed, the Defendant shall pay the interest at a rate of 12.9% per annum. If the payment of interest is delayed on two or more occasions, the Defendant shall lose the due date and make a temporary repayment of the loan and interest (hereinafter “the instant loan”) and received the loan (hereinafter “the instant loan”), and then, paid it as the lease deposit for the instant real estate.

C. On October 12, 2018, where the Defendant is unable to repay the principal and interest of a loan by the due date for repayment of the loan or due date loss, the Defendant prepared a letter of commitment to terminate the instant lease even if the lease term expires, and deliver the instant real estate to the Plaintiff or to the person designated by the Plaintiff.

On October 12, 2018, the Plaintiff was delegated with the authority to notify the assignment of claims by the Defendant and notified the Korea Land and Housing Corporation of the assignment of claims on October 19, 2016. The notification of the assignment of claims reached the Korea Land and Housing Corporation at that time.

From May 30, 2019, the Defendant began to delay the interest on the instant loan obligation. As of August 12, 2019, the Defendant, as of August 12, 2019, is KRW 88,423,626 in total (i.e., interest on the principal amount of KRW 1,189,626 in arrears of KRW 1,246,175 in arrears of KRW 86 million in arrears of KRW 1,248 in excess interest of KRW 16,923 in excess interest of KRW 16,923 in excess interest).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to Gap evidence 10, purport of whole pleadings

2. If so, the defendant shall pay 88,423,626 won including the principal and interest of loan, and the principal of loan among them.

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